Data altruism within the framework of the European Data Governance Act, a success or room for improvement?
DOI:
https://doi.org/10.18042/cepc/rdce.78.06Abstract
This article addresses the analysis of the European Data Governance Act (DGA) and its influence on the development of data altruism in the European Union. It focuses on the institutionalization of a single data market, facilitating cross-border data analysis and sharing for non-profit purposes, in accordance with the provisions of the DGA, which establishes a defined legal framework for data altruism.
This paper criticizes the potential over-regulation of the DGA and the inherent bureaucratic obstacles that could limit its effectiveness regarding data altruism. Additionally, it analyzes the interaction between the DGA and the General Data Protection Regulation (GDPR), identifying areas of conflict and operational difficulties, particularly in relation to the consent requirements for the processing of personal data. It also includes a brief case study of the Spanish DATALOG project, the first entity recognized under this regime in the EU, illustrating the capacity of data altruism to improve citizen and environmental well-being.
In conclusion, a revision and simplification of the DGA are proposed to encourage greater and more effective participation in data altruism activities. The current complexity of the regulatory framework could discourage organizations from registering and actively participating, thus it is urged that legislators and competent authorities consider regulatory adjustments that promote a more conducive environment for data altruism in the European Union.
Published
Issue
Section
License
Copyright
Submission of a manuscript to the RDCE implies having read and accepted the journal's editorial guidelines and instructions for authors. When a work is accepted for publication, it is understood that the author grants the RDCE exclusive rights of reproduction, distribution and, where appropriate, sale of his manuscript for exploitation in all countries of the world in printed version, as well as any other magnetic, optical and digital media.
Authors shall transfer the publishing rights of their manuscript to RDCE so that it may be disseminated and capitalised on Intranets, the Internet and any web portals and wireless devices that the publisher may decide, by placing it at the disposal of users so that the latter may consult it online and extract content from it, print it and/or download and save it. These activities must comply with the terms and conditions outlined on the website hosting the work. However, the RDCE authorises authors of papers published in the journal to include a copy of these papers, once published, on their personal websites and/or other open access digital repositories. Copies must include a specific mention of RDCE, citing the year and issue of the journal in which the article was published, and adding a link to the RDCE website(s).
A year after its publication, the works of the RDCE will be under the Creative Commons Attribution-Noncommercial-NoDerivative 4.0 International license (CC BY-NC-ND 4.0), which allows third parties to share the work as long as its author and its first publication is indicated, without the right to commercial exploitation and the elaboration of derivative works.
Plagiarism and scientific fraud
The publication of work that infringes on intellectual property rights is the sole responsibility of the authors, including any conflicts that may occur regarding infringement of copyright. This includes, most importantly, conflicts related to the commission of plagiarism and/or scientific fraud.
Practices constituting scientific plagiarism are as follows:
1. Presenting the work of others as your own.
2. Adopting words or ideas from other authors without due recognition.
3. Not using quotation marks or another distinctive format to distinguish literal quotations.
4. Giving incorrect information about the true source of a citation.
5. The paraphrasing of a source without mentioning the source.
6. Excessive paraphrasing, even if the source is mentioned.
Practices constituting scientific fraud are as follows:
1. Fabrication, falsification or omission of data and plagiarism.
2. Duplicate publication.
3. Conflicts of authorship.
Warning
Any breach of these Rules shall constitute a ground for rejection of the manuscript submitted.